Comparative study of child murder in islamic jurisprudence

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Moradzadeh Ehsan; Goli Shirdare MohammadHasan; NAGHIBI SEYED ABOLGHASEM

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Paper Information

Journal: JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW Year:2021 | Volume:13 | Issue:26 Page(s): 195-218

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Title

Comparative study of child murder in islamic jurisprudence

Author(s)

Moradzadeh Ehsan | Goli Shirdare MohammadHasan | NAGHIBI SEYED ABOLGHASEM | Issue Writer Certificate

Keywords

punishmentQ2

Child MurderQ1

FatherQ1

MotherQ1

GrandfatherQ1

Abstract

Islamic jurists do not agree on the punishment of Fathers and grandFathers for killing their children. In this article, the opinions and views of the jurists of Islamic religions in this field will be examined in a descriptive and analytical manner. In Imami jurisprudence, jurists believe that the Father is not retaliated for killing his son. In order not to retaliate against the Father, they have relied on narrations, consensus and the reason for being active for the child. According to the narrations, Shafi'i, Hanbali and Hanafi jurists believe that the Father has the right of guardianship over the child and the rule is that the Father should not retaliate for killing the child. But Maliki's jurists have detailed that the Father will be punished if he intends to kill his son. Regarding the punishment of the paternal ancestor, the famous Imami jurists consider the paternal ancestor to be attached to the Father and do not consider him deserving of retribution. However, in Sunni jurisprudence, some jurists believe that paternal ancestry is not retaliated against, and others, including Hassan ibn Hayy, believe in retaliation for paternal ancestry. Malikiyah is also detailed in the ruling of the ancestor. Regarding the punishment of the Mother, the famous Imami jurists believe in the punishment of retribution, but the Sunni jurists believe that the Mother is not punished like the Father.

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APA: Copy

Moradzadeh, Ehsan, Goli Shirdare, MohammadHasan, & NAGHIBI, SEYED ABOLGHASEM. (2021). Comparative study of child murder in islamic jurisprudence. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, 13(26 ), 195-218. SID. https://sid.ir/paper/409983/en

Vancouver: Copy

Moradzadeh Ehsan, Goli Shirdare MohammadHasan, NAGHIBI SEYED ABOLGHASEM. Comparative study of child murder in islamic jurisprudence. JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW[Internet]. 2021;13(26 ):195-218. Available from: https://sid.ir/paper/409983/en

IEEE: Copy

Ehsan Moradzadeh, MohammadHasan Goli Shirdare, and SEYED ABOLGHASEM NAGHIBI, “Comparative study of child murder in islamic jurisprudence,” JOURNAL OF ISLAMIC JURISPRUDENCE AND LAW, vol. 13, no. 26 , pp. 195–218, 2021, [Online]. Available: https://sid.ir/paper/409983/en

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